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The following excerpts and compilation from state law may not reflect some recent amendments.
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Nebraska Landlord Tenant Law
DOCUMENT: 76-1414
HEADING Chapter 76. Real Property.
Terms and conditions of rental agreement.
Prohibited provisions in rental agreements.
Security deposits; prepaid rent.
Disclosure
Landlord to supply possession of dwelling unit.
Landlord to maintain fit premises.
Limitation of liability.
Tenant to maintain dwelling unit
Rules and regulations.
Access.
Tenant to use and occupy.
Noncompliance by landlord.
Failure to deliver possession.
Wrongful failure to supply heat, water, hot water, or essential services
Landlord's noncompliance as defense to action for possession.
Fire or casualty damage.
Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service
Noncompliance; failure to pay rent; effect.
Remedies for absence, nonuse, and abandonment.
Waiver of landlord's right to terminate.
Landlord liens; distraint of property; prohibited.
Periodic tenancy; holdover remedies.
Trial; judgment; limitation; writ of restitution; issuance.
CATCHLINE Terms and conditions of rental agreement.
LAW 76-1414. (1) The landlord and tenant may include in a rental agreement terms and conditions not prohibited by sections 25-21,219 and 76-1401 to 76-1449 or other rule of law including
rent, term of the agreement, and other provisions governing the rights and obligations of the parties.
(2) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.
(3) Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day to day.
(4) Unless the rental agreement fixes a definite term, the tenancy shall be week to week in case of a roomer who pays weekly rent, and in all other cases month to month.
DOCUMENT: 76-1415
HEADING Chapter 76. Real Property.
CATCHLINE Prohibited provisions in rental agreements.
LAW 76-1415. (1) No rental agreement may provide that the tenant:
(a) Agrees to waive or to forego rights or remedies under sections 25-21,219 and 76-1401 to 76-1449;
(b) Authorizes any person to confess judgment on a claim arising out of the rental agreement;
(c) Agrees to pay the landlord's or tenant's attorney's fees; or
(d) Agrees to the exculpation or limitation of any liability of the landlord arising due to active and actionable negligence of the landlord or to indemnify the landlord for that liability arising due to active and actionable negligence or the costs connected therewith.
(2) A provision prohibited by subsection (1) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by him to be prohibited, the tenant may recover actual damages sustained by him and reasonable attorney's fees.
DOCUMENT: 76-1416
HEADING Chapter 76. Real Property.
CATCHLINE Security deposits; prepaid rent.
LAW 76-1416. (1) A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent, except that a pet deposit not in excess of one-fourth of one month's periodic rent may be demanded or received when appropriate, but this subsection shall not be applicable to housing authorities organized or existing under sections 71-1518 to 71-1554.
(2) Upon termination of the tenancy property or money held by the landlord as prepaid rent and security may be applied to the payment of rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement or section 76-1421. The balance, if any, and a written itemization shall be delivered or mailed to the tenant within fourteen days after demand and designation of the location where payment may be made or mailed.
(3) If the landlord fails to comply with subsection (2) the tenant may recover the property and money due him and reasonable attorney's fees.
(4) This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under sections 25-21,219 and 76-1401 to 76-1449.
(5) The holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.
DOCUMENT: 76-1417
HEADING Chapter 76. Real Property.
CATCHLINE Disclosure.
LAW 76-1417. (1) The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy
the name and address of:
(a) The person authorized to manage the premises; and
(b) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.
(2) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner, or manager.
(3) A person who fails to comply with subsection (1) becomes an agent of each person who is a landlord for the purpose of:
(a) Service of process and receiving and receipting for notices and demands; and
(b) Performing the obligations of the landlord under sections 25-21,219 and 76-1401 to 76-1449 and under the rental agreement and expending or making available for the purpose all rent collected from the premises.
DOCUMENT: 76-1418
HEADING Chapter 76. Real Property.
CATCHLINE Landlord to supply possession of dwelling unit.
LAW 76-1418. At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and section 76-1419. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in subsection (3) of section 76-1437. If the landlord makes reasonable efforts to obtain possession of the premises, he shall not be liable for an action under this section.
DOCUMENT: 76-1419
HEADING Chapter 76. Real Property.
CATCHLINE Landlord to maintain fit premises.
LAW 76-1419. (1) The landlord shall:
(a) Substantially comply, after written or actual notice, with the requirements of the applicable minimum housing codes materially affecting health and safety;
(b) Make all repairs and do whatever is necessary, after written or actual notice, to put and keep the premises in a fit and habitable condition;
(c) Keep all common areas of the premises in a clean and safe condition;
(d) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating,
ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him;
(e) Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal from the appropriate receptacle; and
(f) Supply running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection. If there exists a minimum housing code applicable to the premises, the landlord's maximum duty under this section shall be determined by subdivision (1)(a) of this section. The obligations imposed by this section are not intended to change existing tort law in the state.
(2) The landlord and tenant of a single-family residence may agree that the tenant perform the landlord's duties specified in subdivisions (e) and (f) of subsection (1) and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is in writing, for good
consideration, entered into in good faith and not for the purpose of evading the obligations of the landlord.
(3) The landlord and tenant of a dwelling unit other than a single-family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:
(a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration; and
(b) The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
(4) Notwithstanding any provision of sections 25-21,219 and 76-1401 to 76-1449, a landlord may employ a tenant to perform the obligations of the landlord.
DOCUMENT: 76-1420
HEADING Chapter 76. Real Property.
CATCHLINE Limitation of liability.
LAW 76-1420. (1) Unless otherwise agreed, a landlord, who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser, is
relieved of liability under the rental agreement and sections 25-21,219 and 76-1401 to 76-1449 as to events occurring subsequent to written notice to the tenant of the conveyance, but he remains liable to the tenant for any property and money to which the tenant is entitled under section 76-1416, except that assignment of any security deposits or prepaid rents to a bona fide purchaser with written notice to the tenant shall serve to relieve the conveying landlord of any further liability under section 76-1416.
(2) Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and sections 25-21,219 and 76-1401 to 76-1449 as to events occurring after written notice to the tenant of the termination of his management.
DOCUMENT: 76-1421
HEADING Chapter 76. Real Property.
CATCHLINE Tenant to maintain dwelling unit.
LAW 76-1421. The tenant shall:
(1) Comply with all obligations primarily imposed upon tenants by applicable minimum standards of building and housing codes materially affecting health or safety;
(2) Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit, and upon termination of the tenancy place the dwelling unit in as clean condition, excepting ordinary wear and tear, as when the tenancy commenced;
(3) Dispose from his dwelling unit all ashes, rubbish, garbage, and other waste in a clean and safe manner;
(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
(5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises;
(6) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;
(7) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises; and
(8) Abide by all bylaws, covenants, rules or regulations of any applicable condominium regime, cooperative housing agreement, or neighborhood association not inconsistent with landlord's rights or duties.
DOCUMENT: 76-1422
HEADING Chapter 76. Real Property.
CATCHLINE Rules and regulations.
LAW 76-1422. A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. It is enforceable as provided in section 76-1431 against the tenant only if:
(1) Its purpose is to promote the appearance, convenience, safety, or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;
(2) It is reasonably related to the purpose for which it is adopted;
(3) It applies to all tenants in the premises in a fair manner;
(4) It is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform him of what he must or must not do to comply;
(5) It is not for the purpose of evading the obligations of the landlord; and
(6) The tenant has notice of it at the time he enters into the rental agreement. A rule or regulation adopted after the tenant enters into the rental agreement is enforceable against the tenant if reasonable notice of its adoption is given to the tenant and it does not work a substantial modification of his bargain.
DOCUMENT: 76-1423
HEADING Chapter 76. Real Property.
CATCHLINE Access.
LAW 76-1423. (1) The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
(2) The landlord may enter the dwelling unit without consent of the tenant in case of emergency.
(3) The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least one day's notice of his intent to enter and enter only at reasonable times.
(4) The landlord has no other right of access except by court order, and as permitted by subsection (2) of section 76-1432, or if the tenant has abandoned or surrendered the premises.
DOCUMENT: 76-1424
HEADING Chapter 76. Real Property.
CATCHLINE Tenant to use and occupy.
LAW 76-1424. Unless otherwise agreed, the tenant shall occupy his dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence.
DOCUMENT: 76-1425
HEADING Chapter 76. Real Property.
CATCHLINE Noncompliance by landlord.
LAW 76-1425. (1) Except as provided in sections 25-21,219 and 76-1401 to 76-1449, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with
section 76-1419 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days, and the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least fourteen days' written notice specifying the breach and the date of termination of the rental agreement. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent.
(2) Except as provided in sections 25-21,219 and 76-1401 to 76-1449, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or section 76-1419. If the landlord's noncompliance is willful the tenant may recover reasonable
attorney's fees. If the landlord's noncompliance is caused by conditions or circumstances beyond his control, the tenant may not recover consequential damages, but retains remedies provided in section 76-1427.
(3) The remedy provided in subsection (2) is in addition to any right of the tenant arising under subsection (1) of section 76-1425.
(4) If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under section 76-1416.
DOCUMENT: 76-1426
HEADING Chapter 76. Real Property.
CATCHLINE Failure to deliver possession.
LAW 76-1426. If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in section 76-1418, rent abates until possession is delivered and the tenant shall:
(1) Upon at least five days' written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or
(2) Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against any person wrongfully in possession or wrongfully withholding possession and recover the damages sustained by him. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than three months' periodic rent or threefold the actual damages sustained by him, whichever is greater, and reasonable attorney's fees.
DOCUMENT: 76-1427
HEADING Chapter 76. Real Property.
CATCHLINE Wrongful failure to supply heat, water, hot water, or essential services.
LAW 76-1427. (1) If contrary to the rental agreement or section 76-1419 the landlord deliberately or negligently fails to supply running water, hot water, or heat, or essential services, the tenant may give written notice to the landlord specifying the breach and may:
(a) Procure reasonable amounts of hot water, running water, heat and essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent;
(b) Recover damages based upon the diminution in the fair rental value of the dwelling unit; or
(c) Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. In addition to the remedy provided in subdivisions (a) and (c), if the failure to supply is deliberate, the tenant may recover the actual and reasonable cost or fair and reasonable value of the substitute housing not in excess of an amount equal to the periodic rent, and in any case under this subsection
reasonable attorney's fees.
(2) If the tenant proceeds under this section, he may not proceed under section 76-1425 as to that breach.
(3) The rights under this section do not arise until the tenant has given written notice to the landlord or if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent. This section is not intended to cover circumstances beyond the landlord's control.
DOCUMENT: 76-1428
HEADING Chapter 76. Real Property.
CATCHLINE Landlord's noncompliance as defense to action for possession.
LAW 76-1428. (1) In an action for possession based upon nonpayment of the rent or in an action for rent where the tenant is in possession, the tenant may counterclaim for any amount which he may recover under the rental agreement or sections 25-21,219 and 76-1401 to 76-1449. In that event the court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. If no rent remains due after application of this section, judgment shall be entered for the
tenant in the action for possession. If the defense or counterclaim by the tenant is without merit and is not raised in good faith the landlord may recover reasonable attorney's fees.
(2) In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) but the tenant is not required to pay any rent into court.
DOCUMENT: 76-1429
HEADING Chapter 76. Real Property.
CATCHLINE Fire or casualty damage.
LAW 76-1429. (1) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may:
(a) Immediately vacate the premises and notify the landlord in writing within fourteen days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or
(b) If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.
(2) If the rental agreement is terminated the landlord shall return all prepaid rent and security recoverable under section 76-1416. Accounting for rent in the event of termination or apportionment is to occur as of the date of the casualty. Notwithstanding the provisions of this section, the tenant is
responsible for damage caused by his negligence.
DOCUMENT: 76-1430
HEADING Chapter 76. Real Property.
CATCHLINE Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.
LAW 76-1430. If the landlord unlawfully removes or excludes the tenant from the premises or willfully and wrongfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to three months' periodic rent as liquidated damages, and a reasonable attorney's fee. If the rental agreement is terminated
the landlord shall return all prepaid rent and security recoverable under section 76-1416.
DOCUMENT: 76-1431
HEADING Chapter 76. Real Property.
CATCHLINE Noncompliance; failure to pay rent; effect.
LAW 76-1431. (1) Except as provided in sections 25-21,219
and 76-1401 to 76-1449, if there is a noncompliance with section 76-1421 materially affecting health and safety or a material noncompliance by the tenant with the rental agreement or any separate agreement, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days, and the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least fourteen days' written notice specifying the breach and the date of termination of the rental agreement.
(2) If rent is unpaid when due and the tenant fails to pay rent within three days after written notice by the landlord of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement.
(3) Except as provided in sections 25-21,219 and 76-1401 to 76-1449, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or section 76-1421. If the tenant's noncompliance is willful the landlord may recover reasonable
attorney's fees.
DOCUMENT: 76-1432
HEADING Chapter 76. Real Property.
CATCHLINE Remedies for absence, nonuse, and abandonment.
LAW 76-1432. (1) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven days as required in section 76-1424 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.
(2) During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary.
(3) If the tenant abandons the dwelling unit, the landlord shall take immediate possession and shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning prior to the expiration of the rental agreement, it is deemed to be terminated as of the date the new tenancy begins. Total absence from the premises without notice to landlord for one full rental period or thirty days, whichever is less, shall constitute abandonment.
DOCUMENT: 76-1433
HEADING Chapter 76. Real Property.
CATCHLINE Waiver of landlord's right to terminate.
LAW 76-1433. Acceptance of rent with knowledge of a default by tenant or acceptance of performance by the tenant that varies from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord constitutes a waiver of his right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.
HEADING Chapter 76. Real Property.
CATCHLINE Landlord liens; distraint of property; prohibited.
LAW 76-1434. (1) A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable.
(2) Distraint for rent is abolished.
DOCUMENT: 76-1435
HEADING Chapter 76. Real Property.
CATCHLINE Remedy for termination.
LAW 76-1435. If the rental agreement is terminated, the landlord is entitled to possession and may have a claim for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees as provided in subsection (3) of section 76-1431.
DOCUMENT: 76-1436
HEADING Chapter 76. Real Property.
CATCHLINE Recovery of possession limited.
LAW 76-1436. A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in sections 25-21,219 and 76-1401 to 76-1449.
DOCUMENT: 76-1437
HEADING Chapter 76. Real Property.
CATCHLINE Periodic tenancy; holdover remedies.
LAW 76-1437. (1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days prior to the termination date specified in the notice.
(2) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
(3) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord, in addition, may recover an amount not
more than three months' periodic rent or threefold the actual damages sustained by him, whichever is greater, and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, subsection (4) of section 76-1414 applies.
DOCUMENT: 76-1446
HEADING Chapter 76. Real Property.
CATCHLINE Trial; judgment; limitation; writ of restitution; issuance.
LAW 76-1446. Trial of the action for possession shall be held not less than ten nor more than fourteen days after the issuance of the summons. The action shall be tried by the court without a jury. If the plaintiff serves the summons in the manner provided in section 76-1442.01, the action shall proceed as other actions for possession except that a money judgment shall not be granted for the plaintiff. If judgment is rendered against the defendant for the restitution of the premises, the court shall declare the forfeiture of the rental agreement, and shall, at the request of the plaintiff or his or her attorney, issue a writ of restitution, directing the constable or sheriff to restore possession of the premises to the plaintiff on a specified date not more than ten days after issuance of the writ of restitution. The plaintiff shall comply with the Disposition of Personal Property Landlord and Tenant Act in the removal of personal property remaining on the premises at the time possession of the premises is restored. |